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1. The Defendant’s KRW 74,024,825 as well as 6% per annum from October 31, 2018 to June 12, 2020 as to the Plaintiff.
Reasons
1. Basic facts
A. On November 14, 2016, the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) publicly announced the announcement of the “D Public Relations Center Production and Installation Services” (hereinafter “instant services”) of the Gangnam-gu Seoul Building C in Seoul.
The instant service is to produce and establish “D Public Relations Center” on the first floor of the C building, and “E exhibition hall” on the third floor.
B. Although the Defendant intended to bid the instant service, the Defendant introduced the Plaintiff as a result of lack of performance requirements required in the public announcement of tender, and prepared the Plaintiff and the Plaintiff, and the F Co., Ltd. (hereinafter “Nonindicted Company”) also decided to bid in the process.
C. On November 28, 2016, the Plaintiff, the Defendant, and the Nonparty Company entered into a joint supply and demand agreement with Plaintiff 30%, Defendant 30%, and Nonparty Company 40% (hereinafter “instant agreement”).
The contents of the instant agreement relating to the instant case are as follows.
Article 3 (Co-Payment Method) (1) Members of a joint subcontractor shall be as follows:
1. The credit rating company (representative): G;
2. A plan for the settlement of disputes (representative: H);
3. The members of a joint supply and demand organization under Article 6 (Liability) shall be individually liable to the ordering agency in accordance with the content of sharing the performance of the contractual obligations under the contract.
Article 9(Sharing Contents of Members) ① The sharing content of each member shall be determined as follows: (a) The indoor construction business, the industrial design B: the actual model
D. On December 15, 2016, the Plaintiff, the Defendant, and the Nonparty Company received the instant service contract from the Nonparty Corporation, and entered into a service contract with the terms and conditions that the instant service is rendered at KRW 1,510,000,000 on January 31, 2017 as of the date of completion of the Nonparty Corporation and the date of completion of the construction (hereinafter “instant service contract”).
(E) The date of completion is extended on July 24, 2017 by July 24, 2017, and the contract price was increased to KRW 2,026,219,400.